Deconstructing the Divorce Process: Preparing for a Favorable and Lasting Outcome

Send us Fan MailLanderholm Family Law's Partner, Will Jones, breaks down the divorce process in Oregon by focusing on the last step, the judgment, and working backwards.The end of a divorce case for most people is called a general judgment of dissolution, which can be reached in three ways: 1) Trial, 2) Stipulation, which means everybody agrees or 3) Default, which is granted when no one responds to the petitioner. The divorce judgment encompasses the end goal of a divorce. It’s essentially the “law of the land” between two divorcing parties/parents.D.I.Y.(Do-it-Yourself) divorces can be dangerous because there are many details in the divorce process that can get skipped or lost, causing real problems down the line. If your D.I.Y divorce is not enforceable, or you agree to something that is non-modifiable, you can cost yourself large sums of money.When filing a petition, you are setting the goalpost for what you hope to receive. The purpose is to be vague, and not limit the court’s ability to grant what they deem to be fair and equitable. You are stating what you want, and the respondent can state what they want—within these goalposts, the court can work on fair agreements. Requests within a petition should not be considered offensive—simply put, if a party does not ask for it, they will not receive it—so, while there is no harm in asking, there is harm in not asking.Mediation and arbitration are alternative ways for parties to reach agreements without having to go to court. These are not means in which one party can “force” the other to comply or agree. If parties cannot reach agreements together, they will need to take these matters to the court via a trial.